HomeMy WebLinkAboutORD 25-4943 - Ordinance Amend Housing Code - Parking not allowed on Patio FINAL - REVISED - PUBLISH 1-16-251
Ordinance No. 25-4943 Ordinance amending Title 17, entitled “Building and Housing,” Chapter 5, entitled “Housing Code,” to clarify the dimensions of new patios in Section 17-5-18Q and to clarify parking is not allowed on patios.
Whereas, in 2017 Council enacted Section 17-5-18Q of the City Code to limit construction of new paving in rear yards to ensure open space for tenants; and Whereas, paved patios are allowed to be constructed, but there needs to be size limitations imposed to prevent landlords from paving rear yards and claiming the pavement is a patio; and Whereas, it should further be clarified that parking is not allowed on patios; and Whereas, it is in the City's best interest to adopt this ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 3, entitled, "Definitions,” by adding the following underlined text: Patio: A covered or uncovered, surfaced outdoor living area located at grade and accessible from a dwelling. 2. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 18, entitled, "Minimum Structure Standards for all Rental Housing,” Subsection Q is amended by adding the following underlined text: Q. Improved Surface In Rear Yard; Restrictions: After November 21, 2017, an improved surface shall not be constructed, installed, or established on the rear yard of a single-family dwelling or a duplex, except within the first twenty feet (20') of lot depth as measured from the rear lot line and setback at least five feet (5') from abutting properties. The remainder of the rear yard shall remain landscaped open space, free of impervious surface. This provision shall not apply to allowed accessory structures. Rear yard shall have the meaning as defined in title 14 of this Code. Improved surface means asphaltic cement concrete, Portland cement concrete, manufactured paving materials (such as brick), or similar hard surface. Patios are allowed. Patios constructed, installed, or established after December 10, 2024, cannot be greater than 400 square feet or greater than 50% of the rear yard, whichever is less, and cannot be constructed contiguous to any parking spaces.
3. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 18, entitled, "Minimum Structure Standards for all Rental Housing,” is amended by adding the following new Subsection U: U. Motorized vehicles cannot be parked on patios, except during tailgating events. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as
provided by law.
Passed and approved this 7th day of January, 2025. s\Mazahir Salih, Mayor Pro Tem Attest:s\ Kellie K. Grace, City Clerk Submitted to publish on 01/16/25